Applying for general release or release with controls

Pre-application consultation

Consultation with Iwi and Maori organisations

The HSNO Act requires the EPA to make informed decisions in relation to
the interests of Maori, and it is the responsibility of the applicant to provide
sufficient information to make that decision. Experience from recent
considerations suggests that most of the issues that concern Maori are the same
practical concerns as those of the wider population. However, these are often
cast in a context that is specific to Maori, and unfamiliar to the wider public.
Issues also arise that are specific to the Maori world view, and that view may
well vary from one iwi/hapu/whanau to another. In order to capture and address
these ideas to the satisfaction of the EPA it is essential to enter
into comprehensive consultation with Maori. Consultation must be carried out at
a national level unless a case can be made that the eventual distribution of the
control agent will be geographically limited.

The
Ministry for the Environment [http://www.mfe.govt.nz/publications/rma/guidelines-tangata-whenua-dec03/html/page4.html]
has further useful information and discussion of what constitutes effective consultation.

As an example of how an iwi might view an application to introduce a
biological control agent, Table 3 indicates how Ngai Tahu structures
consideration of such a proposal against a series of cultural values. In
addressing these, Ngai Tahu staff would consider:

The kaupapa or purpose of the application

The reason why this application is considered necessary

The proposed outcome of the application

The alternatives to achieving this outcome using other techniques

The cultural importance of the species involved (including any current use)

Risks/benefits to native species

Relationship of new species to existing species and the potential of new
species to compete with, attach, interbreed or otherwise harm existing species

How does the application affect Whakapapa? Consider the integrity of atua,
genealogical links, creation, as well as what whakapapa tells us about what is
appropriate for the species involved and who has the rights to decide on this
appropriateness.

Rangatiratanga

How does the application affect the iwi's Rangatiratanga? Has there been
adequate information provided, consultation, involvement, and/or recognition?
Does this allow the iwi to uphold its mana or the resource used/affected?

Kaitiakitanga

How does the application affect the Iwi's Kaitiakitanga? What are the
responsibilities of the iwi in regards to this application. Will the mauri of
the resource involved be affected? What effect does this have on the long term
wellbeing of the wider iwi, the land or the resources affected? Are there
alternatives?

Mahinga Kai

Does the application affect any Mahinga Kai, taonga species or valued flora,
fauna or ecosystem? What is the effect on the abundance of the mahinga kai? What
is the effect on the ability of the wider iwi to undertake mahinga kai? Does the
application affect the integrity of the mahinga kai? Also consider long term
sustainability; future concerns.

Kawa/Tikanga

What traditions, whakatauaki, tikanga and kawa apply or are affected by the
application?

There is no fixed method for consulting with Maori. The Te Herenga
network is a network of key contacts within the Maori community who are involved
in environmental issues and who potentially have an interest in the HSNO Act. In
earlier applications to ERMA New Zealand two distinctly different methods have
been employed. One applicant employed a consultant to convene five regional hui
nationwide to discuss the issues surrounding biological control and the proposal
at hand face to face. A wide range of iwi/hapu/whanau/organisations within the
network were invited to attend. The opinions voiced at those hui were summarised
and presented to the ERMA New Zealand as the results of a nationwide consultation
process. Several other applicants wrote to all entities of the Te Herenga
network and provided information about biological control, and about the
proposed control agents. Correspondents were invited to enter into dialogue with
the applicant within 6 weeks. Further correspondence and phone conversations
followed, and the opinions voiced were presented to ERMA New Zealand as the
product of nationwide consultation. Although fundamentally different in
approach, ERMA New Zealand considered both to be adequate methods.

Nga Kaihautu Tikanga Taiao is the statutory Maori advisory committee to the EPA.
Kaupapa Kura Taiao is the Maori Unit within the Agency charged with providing
the Authority with Maori advice on specific applications and is also responsible
for implementing the Maori participation programmes.
The EPA staff are available to assist applicants in the design and implementation of a consultation strategy,
and applicants are advised to make contact on this at an early stage.